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Patna High CourtCR. MISC./48069/2023bail granted

Robin Yadav @ Ravindra Kumar v. The State Of Bihar

2023-08-03Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48069 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== ROBIN YADAV @ RAVINDRA KUMAR, S/O- Dhirendra Yadav, R/O Village- Shyam, P.S.- Gwalpara, District- Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Patla Kumari, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with S.T No. 394 of 2022 arising out of Udakishunganj P.S. Case No. 30 of 2022 dated 07.02.2022 registered for the offence(s) punishable under Section(s) 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that though the instant matter relates to the offence of loot and this petitioner is named in the FIR but his role as well as of other co-accused persons was disclosed by the local villagers who gathered at the place of occurrence just after the commission of the offence of loot. The petitioner has been languishing in jail since 25.07.2022 and two co-accused persons

Patna High Court CR. MISC. No.48069 of 2023(2) dt.03-08-2023 2/3 namely, Subhas Yadav and Bambam Yadav who were apprehended at the spot have been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos. 39105 of 2022 and 33626 of 2023 respectively and some other co-accused persons namely, Raja Yadav and Prince Kumar @ Prince Yadav have also been granted bail by co-ordinate Benches of this court vide orders passed in Cr. Misc. Nos. 41843 of 2023 and 27366 of 2023 respectively. Further submissions are that though against the petitioner there are criminal antecedent of some cases but he has got bail in all the said cases and in the present matter there is no legal evidence against him to connect him to the alleged occurrence of loot and against him, the investigation has been completed and nothing incriminating material was recovered from his possession after he was arrested in the present matter

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly taking into account the custody period of the petitioner as well as the privilege of bail having been granted to above-mentioned co-accused persons, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner named-

Patna High Court CR. MISC. No.48069 of 2023(2) dt.03-08-2023 3/3 above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with S.T No. 394 of 2022 arising out of Udakishunganj P.S. Case No. 30 of 2022.

(Shailendra Singh, J.) Maynaz/- U T